Enforcing Rights and Correcting Wrongs - Asia-Pacific Regional ...

Exclusion on the basis of gender has continued to persist not just in fact, but
also in law. The aim of this paper is to uncover patent and latent barriers to
gender equality in the justice systems of Asia-Pacifi c. Based on background
research done for the Asia-Pacifi c HDR on Gender, Power, Voice and Rights, this
paper looks at possible ways to redress legal discrimination for accelerating
human development. The paper testifi es that Asia-Pacifi c has some extreme
forms of discrimination and violence despite being one of the world’s most
‘inclusive’ and economically dynamic regions.
Legal Barriers operate, both in the content of laws and legal practices; and,
in restricted access to justice systems. The substantive content of laws itself
can be a source of discrimination – laws may be discriminatory, have gaps or
be contradictory. The less explicit subtler inequalities can also contribute to
exclusion. Women’s access to formal and customary justice systems remains
restricted and inadequate enforcement mechanisms continue to be of serious
concern. Specifi c barriers, rooted in gender, prevent women from getting to
courts or fi nding fair judgments once there.
What are some of the important remedial measures for enforcing rights and
correcting wrongs? The paper explores three strategic avenues: One, fi xing
institutions – laws, legal practices and modes of access; two, changing attitudes
of those who create, uphold, and use laws; and three establishing ongoing
assessments to reveal inequalities and monitor progress.
UNDP Asia-Pacifi c Regional Centre
United Nations Service Building, 3rd Floor,
Rajdamnern Nok Avenue,
Bangkok 10200, Thailand
http://asia-pacifi c.undp.org/
UNDP partners with people at all levels of society to help
build nations that can withstand crisis, and drive and
sustain the kind of growth that improves the quality of
life for everyone. On the ground in 177 countries and
territories, we off er global perspective and local insight
to help empower lives and build resilient nations.